HomeMy WebLinkAbout12/28/1987 Council Minutes (2)1
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COUNCIL MEETING DECEMBER 28, 1987
The regular meeting of the Lino Lakes City Council was
called to order by Mayor Benson at 7:15 P.M., December 28,
1987. Council Members present: Marier, Bisel, Bohjanen,
Reinert. City Attorney, Bill Hawkins; Engineer, Ron
Stahlberg; Building Inspector, Pete Kluegel and Clerk -
Treasurer, Marilyn Anderson were also present. City
Administrator, Randy Schumacher was absent.
CONSIDERATION AND APPROVAL OF MINUTES
Mr. Marier moved to approve the minutes of December 14, 1987
as presented. Mr. Bisel seconded the motion. Motion
carried unanimously.
CONSIDERATION AND APPROVAL OF DISBURSEMENTS
Mr. Bohjanen moved to approve the Disbursements of December
28, 1987 as presented. Mr. Reinert seconded the motion.
Motion carried unanimously.
OPEN MIKE
Mr. Frank Jusczak. 895 Birch Street addressed the Council on
the matter of his semi -truck and trailer. Mr. Jusczak is an
over - the -road truck driver and owns his own truck. He
explained at the time he purchased his property from the
Pudwells it was explained that he wanted sixteen acres so
that he could keep his truck at home. Now he has received
warnings from the Building Inspector indicating that it is
unlawful to keep the truck and trailer on his property. He
is asking the Council for a permit to construct a building
to house the truck and trailer. Mr. Kluegel read the City
Code regarding the parking of large trucks on residential
property noting that although Mr. Jusczak is allowed to
build a building large enough to house the truck it is still
illegal to park the truck in the building.
Mr. Bisel felt that this is a real problem for Mr. Jusczak.
This is his occupation and he would like to park the truck
on his property where he can protect it and its contents.
Mr. Kluegel explained that Mr. Jusczak is not the only
resident with this problem. Mr. Jusczak noted that his area
is open and more rural in nature. Mayor Benson explained
that the City has received proposals for development in his
area and it appears that in the near future there could be a
lot of development.
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COUNCIL MEETING DECEMBER 28, 1987
Mayor Benson told Mr. Jusczak that since this matter is
brought under Open Mike, no action will be taken tonight but
will be placed on a future agenda. Mr. Bisel said he would
like to see if some solution can be worked out to
accommodate certain cases in certain situations.
Mayor Benson asked the Administrator to place this on the
next Council agenda. Mr. Kluegel was asked to put together
a report noting other areas where such problems exist.
RICE CREEK WATERSHED DISTRICT PROPOSED NEW STANDARDS
(NUTRIENT REMOVAL OF WATER IN HOLDING PONDS. 509 PLAN) ANDY
CARDINAL
Mr. Cardinal told the Council that the 509 Plan has been
approved by all the city councils within the RCWD with a few
exceptions. He introduced Engineer Bill Weidenbacher to the
Council and indicated that Mr. Weidenbacher would answer any
questions the Council may have concerning the Plan.
Mr. Weidenbacher explained that a number of city councils
had questions about the 509 Plan especially the nutrient
removal portion of the Plan. The RCWD held a meeting on
this matter on December 1, 1987 and a number of
misunderstandings on water quality and the requirements for
rectifying water quality were addressed. The RCWD adopted
some clarifying changes to the Plan at this meeting. Mr.
Weidenbacher gave the Council a written revision to the
of the Plan that should clarify water quality for
councils. He also read a portion of the revision. Mr.
Weidenbacher explained that RCWD will take about six to
eight months to give final approval to the Plan. City
councils will then be required to prepare a comprehensive
,water management plan for their city and this plan will have
to address nutrient removal. Then all permitting and
regulation will be given to the local governments with a few
exceptions.
Mr. Stahlberg told the Council that Lino Lakes has started
to put together its water management plan. The Flood Plain
Ordinance and the Shoreland Management Ordinance are in
place but explained water run -off management will require a
major effort. He also noted that Lino Lakes will be
required to provide a plan that makes an attempt to remove
nutrients before the water is discharged into a major
waterway. Mr. Weidenbacher explained that nutrient removal
is more of an art than a science and RCWD will be providing
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COUNCIL MEETING DECEMBER 28, 1987
guidelines for cities to use. He also noted that these
guidelines may change from time to time.
There was discussion regarding funding of the required City
Plan. Mr. Weidenbacher read the legislation requiring
cities to prepare their own plan and allowing cities to levy
the costs outside of the levy limits. Mayor Benson and Mr.
Reinert felt this was another mandate from the legislature
without provision for funding.
Mayor Benson asked if this City was liable if our City's
Plan does not meet the RCWD requirements. Mr. Stahlberg
said the 509 Plan does not state what nutrient removal is
and also noted this could be a changing requirement. Mr.
Marier said good house keeping practices and controls on the
use of fertilizers will be a start. There was discussion
regarding lawn fertilizers and how other metro communities
are trying to control its use.
Mr. Reinert asked if whatever Lino Lakes puts together for
implementation of its water quality plan will be OK with
RCWD. Mr, Weidenbacher said if Lino Lakes prepares a plan
that will'improve water quality to the maximum practical
extent, yes. Mr. Weidenbacher also explained that RCWD will
be reasonable in looking at the gray areas. He also noted
that most people are unable to establish rigid rules for
nutrient removal but they need to exert their'own best
effort, such as use of wet lands and ponding. RCWD will
monitor each city to be sure the approved plan is followed.
Mr. Weidenbacher explained that phosphorus causes about 90%
of the nutrient problems. Mr. Bisel asked if this was a
metro problem. Mr. Weidenbacher said yes. Mr. Bisel asked
why legislation such as the smoking ban could not be enacted
instead of each community trying to handle the problem
separately.
Mr. Cardinal told the Council that the City will be updated
on all final changes.
Mayor Benson asked that the City Administrator follow up
with Shoreview to see how their ordinance on the use of
phosphorus is working.
Mayor Benson thanked Mr. Cardinal and Mr. Weidenbacher for
coming this evening.
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COUNCIL MEETING DECEMBER 28, 1987
SECOND READING. ORDINANCE NO. 22 - 87, PARK DEDICATION
AMENDMENT
Mr. Bisel moved to adopt Ordinance No. 22 - 87. Mr. Bisel
seconded the motion. Mrs. Anderson read the Ordinance. The
motion carried unanimously. Ordinance No. 22 - 87 is
written in the December 14, 1987 minutes.
PUBLIC HEARING - VACATION OF PORTION OF DETENTION BASINS.
LOIS LANE, RESOLUTION NO. 70 - 87
Mayor Benson opened the public hearing at 8:13 P.M.
Mr. Brad Racutt, owner of Lots 12 and 13, Block 2, Lakeview
Woodlands explained he has purchased these lots and plans to
build on each of them. His engineer has redesigned the
holding ponds on these lots so that he can build driveways
without taking out many of the tress. He has received RCWD
approval of his plan and Mr. Stahlberg, City Engineer has
also reviewed Mr. Racutt's plan and has found no problems.
Mr. Bohjanen moved to close the public hearing at 8:17 P.M.
Mr. Bisel seconded the motion. Motion carried unanimously.
Mr. Bisel moved to adopt Resolution No. 70 87 and Mr.
Bohjanen seconded the motion. Mrs. Anderson read the
Resolution. Motion carried unanimously.
CITY OF LINO LAKES
RESOLUTION NO. 70 - 87
RESOLUTION VACATING A PORTION OF DETENTION BASINS ON CERTAIN
LOTS IN LAKEVIEW WOODLAND SUBDIVISION
WHEREAS, Prefection Preferred Construction Company has re-
quested that a portion of the detention basins on
Lots 12 and 13, Block 2, Lakeview Woodlands be
vacated, and
WHEREAS, The detention basins have been recalculated and
approved by City Engineer, Ron Stahlberg and a
permit has been obtained from Rice Creek Water-
shed District, and
WHEREAS, A public hearing was held on December 28, 1987
before the City Council in the City Hall after
due published and posted notice had been given
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COUNCIL MEETING DECEMBER 28, 1981
by the Clerk on December 1st and December 8th,
1987 and all persons interested were given an
opportunity to be heard, and
WHEREAS, It appears that it will be in the best interest of
the City to vacate a portion of the detention
basins, and
WHEREAS, Four fifths of all the members of the Council con-
cur in this resolution,
NOW THEREFORE, BE IT RESOLVED, that the portion of detention
basins outlined in the attached drawing is hereby vacated.
Adopted by the Council of the City of Lino Lakes this 28th
day of December, 1987.
Ake
alp-
Marilyn G. Anderson, Clerk- Treasurer
ENGINEER'S REPORT - RON STAHLBERG
''",717: Mayor
Cost Recovery for Aerial Photographs - Resolution No. 76 -
87 - This agenda item was discussed at the 6:00 P.M. meeting
today. Mr. Reinert was concerned that a copy of all maps be
retained in the City offices and he said a statement to this
effect should be added to the Resolution. Mr. Stahlberg
explained that he has at his office original reproducible
maps produced by TKDA for this City. The City does receive
copies of all maps. The originals are kept at his office so
that he can reproduce copies on request. He felt the
contract between TKDA and the City outlines that all
originals are owned by the City and will be turned over to
the City when /if the contract is not renewed.
Mr. Marier moved to approve Resolution No. 76 - 87 and
dispense with the reading. Mr. Bisel seconded the motion.
Motion carried unanimously.
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CITY OF LINO LAKES
RESOLUTION NO. 76 - 87
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COUNCIL MEETING DECEMBER 28, 1987
A RESOLUTION ESTABLISHING COST RECOVERY PROCEDURES FOR
ORTHOPHOTO CONTOUR MAPS
WHEREAS, The City of Lino Lakes has entered into a contract
with Horizons, Inc., of Rapid City, South Dakota,
for preparation of orthophoto- contour maps (scale
of 1" = 200' and 2' intervals). The maps shall
conform to the Anoka County format for 1/2 section
maps.
WHEREAS, Blue line prints of the maps will be available in
the Lino Lakes City Hall for inspection and re-
view. The original maps will be on file in the
offices of TKDA.
NOW THEREFORE, BE IT RESOLVED:
1. Copies of the maps will be made available for the cost
of $50.00 each per 1/2 section sheet. If more than one
copy of each sheet is requested, the cost of each add-
itional copy shall be $5.00 per sheet.
2. The City will collect a fee of $10.00 per acre on all
plats prior to the plat being submitted to the Planning
Commission for preliminary review.
3. The City will also add a fee of 1% of the construction
cost to all construction projects at the time the
special assessment is levied.
4. This policy will become effective on January 1, 1988.
Passed by the City Council of ino Lakes this 28th day of
"December, 1987.
in G. Ben
Mayor
Marilyn . Anderson, Clerk- Treasurer
74th Street Feasibility. Resolution No. 77 - 87 - Mr.
Stahlberg explained that the Council has received a petition
for the improvement of a portion of 74th Street. A
feasibility report has been completed. Mr. Marier
questioned the table on page six of the study. Mr.
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COUNCIL MEETING DECEMBER 28, 1987
Stahlberg said he would revise the table to reflect the
total cost for each parcel.
Mr. Reinert moved to approve Resolution No. 77 - 87. Mr.
Bohjanen seconded the motion. Motion carried unanimously.
CITY OF LINO LAKES
RESOLUTION NO. 77 - 87
RESOLUTION RECEIVING REPORT AND CALLING HEARING ON
IMPROVEMENT OF A PORTION OF 74TH STREET
WHEREAS, Pursuant to resolution of the Council adopted
on September 14, 1987, a report has been pre -
pared by City Engineer, Ron Stahlberg with re-
ference to the improvement of a portion of 74th
Street all within the north 1/2 of Section 18,
Township 31, Range 22, and this report was re-
ceived by the Council on December 28, 1987.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LINO LAKES:
1. The Council will consider the improvement of such
street in accordance with the report and the assess-
ment of benefited property for all or a portion of
the cost of the improvement pursuant to Minnesota
Statutes Chapter 429 and Chapter 8 of the City Charter
at an estimated cost of the improvement of $80,330.00.
2. A public hearing shall be held on such proposed im-
provement on the eighth day of February, 1988 in the
Council chambers of the City Hall at 7:30 P.M. and
the Clerk shall give mailed and published notice of
such hearing and improvement as required by law.
Adopted by the Council this
t
M.ari1 y Anderson, Clerk- Treasurer
y of Dec
1987.
Benj
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enson, Mayor
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COUNCIL MEETING DECEMBER 28, 1987
Verbal Report, Trunk Water Mai, Proiect - Mr. Stahlberg
noted that the control system for pumphouse no. 2 will be
revised and the controls in pumphouse no. 1 will also have
to be modified to be integrated with the control system in
pumphouse no. 2. This work is scheduled for early 1988.
Mr. Stahlberg updated the Council on the progress of the
installation of the trunk water main. The project is well
ahead of schedule. The contractor is waiting for the water
to freeze in Rice Creek so that the crossing can be
completed.
80th Street Update - Mr. Marier asked Mr. Stahlberg for an
update of this project. Mr. Stahlberg explained all plans
and permits are completed and the City is awaiting bridge
funding from the legislature. The legislature will meet in
late January to consider this matter. Mayor Benson said our
Senator and Representative should be targeted and pressure
put on the legislature for establishment of this funding.
Mr. Marier moved to have the. City Administrator contact the
legislative bodies that issue funding for bridges and
express concenr about the bridge funding bonding bill. Mr.
Reinert seconded the motion. Motion carried unanimously.
ATTORNEY'S REPORT - BILL HAWKINS
Mr. Hawkins did not have a report.
CLERK'S REPORT- MARILYN ANDERSON
Mrs. Anderson explained the following Resolutions are
recommended by the City Auditor to close certain funds which
are no longer active.
Resolution No. 72 - 87, Transfer Balance from Federal
Revenue Sharing Fund to General Fund and Close Fund - Mr.
Reinert moved to approve this Resolution. Mr. Bohjanen
seconded the motion. Motion carried unanimously.
CITY OF LINO LAKES
RESOLUTION NO. 72 - 87
RESOLUTION AUTHORIZING THE CITY CLERK TO TRANSFER FEDERAL
REVENUE SHARING FUNDS
WHEREAS, There exists a balance of $2,376.93 in the Federal
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COUNCIL MEETING DECEMBER 28, 1987
Revenue Sharing Fund Account, and
WHEREAS, Federal Revenue Sharing funding has been discon-
tinued by the Federal Government and no further
receipts are anticipated, and
WHEREAS, The City Council authorized the expenditure of all
unexpended funds,
NOW THEREFORE BE IT RESOLVED,
That the Lino Lakes City Clerk be authorized to trans-
fer from the Federal Revenue Sharing Fund account the
amount of $2,376.93 to be transferred to the General
Fund and close the Federal Revenue Sharing Fund perman-
ently.
Passed by the City Counci
day of December, 1987.
Benja' n G. - :enso , Mayor
P44arl nUG. Anderson, Clerk- Treasurer
Y
Resolution No. 73 - 87, Transfer Funds into LAWCON Fund to
Close Fund - Mr. Bohjanen moved to approve this Resolution.
Mr. Bisel seconded the motion. Motion carried unanimously.
CITY OF LINO LAKES
RESOLUTION NO. 73 - 87
RESOLUTION AUTHORIZING THE CITY CLERK TO TRANSFER FUNDS INTO
THE LAWCON FUND TO PERMANENTLY CLOSE THE FUND
WHEREAS,
WHEREAS,
There exists a deficit balance in the LAWCON Fund
in the amount of $44,282.77, and
Country Lakes Park has been completed and no
further Federal or State Funds will be received
and no further expenditure is expected, and
WHEREAS, The City did levy a one time levy of $30,000 in
1981 and collected in 1982 as part of the City
matching funding, and
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COUNCIL MEETING DECEMBER 28, 1987
WHEREAS, The City did determine that the balance of the
funding of Country Lakes Park would come from
the Dedicated Park Fund,
NOW THEREFORE BE IT RESOLVED,
That the Lino Lakes City Clerk be authorized to trans-
fer from the General Fund the unused portion of the
$30,000 levy in the amount of $14,112.74 to the LAWCON
Fund.
That the Lino Lakes City Clerk be authorized to trans-
fer from the Dedicated Park Fund $30,047.84 to the
LAWCON Fund to fund the remaining deficit balance in
the LAWCON Fund.
That the Lino Lakes City Clerk be authorized to close
the LAWCON Fund permanently.
Passed by the City Counci 8th day of tecember, 1987.
enson Mayor
Marilyn G. Anderson, Clerk- Treasurer
Resolution No. 74 - 87. Transferrino Funds from Improvement
Bond Fund 77 - 01 to General Fund and Close the Fund - Mr.
Marier moved to approve this Resolution. Mr. Bisel seconded
the motion. Motion carried unanimously.
CITY OF LINO LAKES
RESOLUTION NO. 74 - 87
RESOLUTION AUTHORIZING THE CITY CLERK TO TRANSFER THE
BALANCE OF FUND FROM THE 77 - 01 IMPROVEMENT BOND FUND TO
GENERAL FUND TO CLOSE THE 77 - 01 IMPROVEMENT BOND FUND
PERMANENTLY
WHEREAS,
WHEREAS,
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There exists a balance of $17,060.39 in the 77 -
01 Improvement Bond Fund, and
the 1977 Improvement Bond has been entirely
retired and no further expenditure is anticipated.
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COUNCIL MEETING DECEMBER 28, 1987
NOW THEREFORE BE IT RESOLVED,
That the Lino Lakes City Clerk be authorized to trans-
fer from the 77 - 01 Improvement Bond Fund the balance
of $17,060.30 to the General Fund and permanently close
the 77 - 01 Improvement Bond Fund.
Passed by the City Counci -:th day of D- mber, 1987.
.1
111111 - -woe
or
ly. Anderson, Clerk- Treasurer
enjam' G. Benson, Ma
Re olution No. 75 - 87, Transfer Funds from Tomahawk
Til /Weber's Addition Construction Fund to 1985 Improvement
Bond Fund and Close the Fund - Mr. Reinert moved to approve
this Resolution. Mr. Bohjanen seconded the motion. Motion
carried unanimously.
CITY OF LINO LAKES
RESOLUTION NO. 75 - 87
RESOLUTION AUTHORIZING THE CITY CLERK TO CLOSE THE TOMAHAWK
TRAIL /WEBER'S ADDITION FUND BALANCE TO THE 1985 IMPROVEMENT
BOND FUND
WHEREAS,
WHEREAS,
There exists a balance of $303.89 in the Tomahawk
Trail /Weber's Addition Construction Fund, and
Construction has been completed and approved by
the City Engineer,
NOW THEREFORE BE IT RESOLVED,
That the balance of $303.89 in the Tomahawk Trail/
Weber's Addition Construction Fund be transferred to
the 1985 Bond Fund and the City Clerk be authorized to
close the Construction Fund.
Passed by the City Council t
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th day of ►_ _ -__..• er, 1987.
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COUNCIL MEETING
DECEMBER 28, 1987
Benjamin G. Benson, Mayor
Marlyn G. Anderson, Clerk- Treasurer
PLANNING AND ZONING REPORT - PETE KLUEGEL
Set Public Hearing - Game Farm, Conditional Use Permit. Ed
Vaughn, January 25, 1987, 8:00 P.M. - Mr. Marier moved to
set the public hearing. Mr. Bisel seconded the motion.
Motion carried unanimously.
First Reading of Ordinance No. 06 - 87, Parking and Use of
Semi - Trailers for Storage Purposes - After discussion
regarding the use of trailers on farms, Mr. Bisel moved to
approve the first reading of Ordinance No. 06 - 87 as
presented. Mr. Reinert seconded the motion. Mrs. Anderson
read the Ordinance. Motion carried unanimously.
CITY OF LINO LAKES
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 06 - 87
AN ORDINANCE AMENDING THE CITY CODE, APPENDIX'B, ZONING
ORDINANCE OF THE CITY OF LINO LAKES BY AMENDING EXTERIOR
STORAGE REQUIREMENTS.
The City Council of the City of Lino Lakes, Anoka County,
Minnesota does ordain:
I.
Ordinance No. 2 of the City of Lino Lakes, Anoka County,
Minnesota passed by the City Council on May 24, 1983 is
hereby amended regarding Exterior Storage.
AMENDING: Appendix B, Section 4, Subdivision (24) Exterior
Storage is amended to read as follows:
(5) Parking and use of semi- trailers for storage
purposes is prohibited in all districts. Ex-
ceptions include construction sites and nor-
mal farming operations. Unlicensed and or
abandoned trailers shall be prohibited in
all zones.
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COUNCIL MEETING DECEMBER 28, 1987
II.
Save as above amended, said Ordinance No. 2 shall stand as
initially passed and as previously amended.
III.
This Ordinance shall be in full force and effect from and
after its pasage and publication according to City Charter.
Passed by the City Council this day of
1988.
Anderson, Clerk- Treasurer
OLD BUSINESS
Discussion of Fire Station No.3 Replacement Report - Mr.
Andy Neal explained that he understood that the major
concern is that Centerville needs a new fire hall and would
like Lino Lakes to share in the costs. Mayor Benson
referred to a newspaper article regarding the joint Lino
Lakes, Centerville Council meeting on December 7, 1987. He
restated the Lino Lakes Council position on station No. 3
and referred to the Joint Powers Agreement regarding
replacement policies. Mr. Marier said he did not feel Lino
Lakes should expend funds for a station located in the City
of Centerville. Mr. Reinert felt this Council was clear in
its direction to the Fire Commission; look at the picture
for the Fire District as a whole and not make a decision on
station No. 3 until the Commission has studied the entire
situation.
Mr. Neal expressed concern because both cities have the same
attorney and felt this could lead to problems in this
matter.
Mr. Marier referred to the RCWD minutes of October 28, 1987
and approved on November 12, 1987 regarding the proposed
construction of a ditch and swale between Lino Lakes and
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COUNCIL MEETING DECEMBER 28, 1987
Centerville. He asked that the City Administrator have this
item clarified.
NEW BUSINESS
Oak Wilt Seminar, Anoka County, Tuesday, January 5, 1988 -
Mr. Bisel moved to have Mr. Bohjanen attend this seminar as
a representative from this Council and have Mr. Bohjanen
update the Council on this matter. Mr. Marier seconded the
motion. Motion carried unanimously.
Mr. Marier moved to have the staff establish a policy to
update the Council on such matters as bonding, progress of
completion of projects such as Rice Lake Estates, any
liabilities such as utilities not being paid and updates on
projects the Council is dealing with at least every quarter.
Mr. Reinert seconded the motion. Motion carried
unanimously.
Mr. Marier moved to adjourn at 9:00 P.M. Mr. Bohjanen
seconded the motion. Aye.
These minutes were considered and approved at a regular council
meeting on January 11, 1988.
64,/cLikAN
MARILYN GU ANDERSON
Clerk- Treasurer
mow damik.
'1' BEN I G " : ' ON
Mayor